In the media
"Dolly's Law" - Putting cyberbullies on
notice
Perpetrators of online bullying could face up to five
years' prison time under tough new laws passed by NSW
Parliament. "Dolly's Law" is now putting online
abusers on notice that if their actions cause people to fear
physical or mental harm, they face a maximum penalty of five years
imprisonment (22 November 2018).
More...
New funding for family law services to support women to
recover financially after separation
Women will be the major beneficiaries of a major funding
boost for family law services and initiatives to help women
establish economic security after ending a relationship as part of
the Coalition Government's Women's Economic Security
Package (20 November 2018).
More...
AHRC: Workplace Sexual Harassment Inquiry - Call for
limited waive of NDAs
Australian Sex Discrimination Commissioner, Kate Jenkins,
is calling on Australian employers to issue a limited waiver of
confidentiality obligations in non-disclosure agreements
(NDAs) for the purpose of allowing people to make
a confidential submission to the National Inquiry into Workplace
Sexual Harassment (the National Inquiry) (20
November 2018).
More...
$51.5 million boost to pursue criminal prosecutions for
financial misconduct
The Liberal National Government is providing an additional
$51.5 million to the Commonwealth Director of Public Prosecutions
(CDPP) and the Federal Court of Australia to
enable further prosecutions of criminal misconduct by banks and
other financial institutions and to ensure civil claims are dealt
with effectively and expeditiously (16 November 2018).
More...
Commissioners welcome moves by police to tackle
racism
The Australian Human Rights Commission has welcomed moves
by Australia and New Zealand police services to tackle racism and
improve engagement with racially and culturally diverse communities
(15 November 2018).
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Victorian Bar elects 2019 President and Bar Council
members
Dr Matthew Collins QC has been re-elected President for a
second term, as have the other members of the Bar Council
executive. Six new members have been elected to the Bar Council,
providing an excellent balance of continuity and renewal and
bringing a broad range of skills and abilities to Council (15
November 2018).
More...
My Health Record privacy measures pass the Senate
The Australian Government has successfully passed
important privacy measures relating to My Health Record through the
Senate (15 November 2018).
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Integrity agencies share insights on preventing
corruption
More than 70 public sector employees gathered in Ballarat
to discuss potential corruption risks their organisations could
face and how to prevent them, at a forum organised by
Victoria's independent anti-corruption body, IBAC (15 November
2018).
More...
Better access to justice for child sexual abuse
survivors
Attorney-General Yvette D'Ath said the Civil Liability
and Other Legislation Amendment Bill 2018 would improve the
capacity of the justice system to provide fair access and outcomes
to child sexual abuse survivors who wished to pursue a claim for
civil damages for personal injury arising from the sexual abuse (15
November 2018).
More...
Ban on use of drones above prisons
The NSW Government is tightening security at the
state's prisons with a ban on the use of drones above prisons
and juvenile detention centres. The NSW Parliament has passed a
Bill amending the Crimes (Administration Sentences) Act
1999, the Children (Detention Centres
Act) 1987 and associated regulations (14
November 2018).
More...
ACMA ups its telco compliance activities
Telcos were subject to increased audit and compliance
activities by the ACMA from July to September 2018. In this
quarter, the ACMA launched 59 new telco compliance investigations -
41 of which relate to a new Complaints-handling Standard. The audit
indicated to the ACMA that a range of telcos did not classify
complaints or set out processes for classification (14 November
2018).
More...
Palaszczuk Government strengthens blue card system
The Palaszczuk Government is further strengthening
Queensland's blue card system with eight more disqualifying
offences and the introduction of a new Bill legislating the 'No
Card, No Start' scheme.The Working with Children (Risk
Management and Screening) and Other Legislation Amendment Bill 2018
introduced to Parliament includes a number of QFCC recommendations
(13 November 2018).
More...
New online system to take stress out of finding a
JP
The improved register will also assist culturally and
linguistically diverse communities, by enabling people to search
for a local Justice of the Peace (JP) who speaks a
particular language. The current system only allows users to search
for a JP by name, registration number or postcode. The new-look
register will begin operating in early 2019 (3 November 2018).
More...
Securing our safety with stronger terror laws
The NSW Government will further strengthen
counter-terrorism laws to better protect the community from
terrorists and other dangerous offenders. These important reforms
introduce extraordinary powers which can be exercised by the
Supreme Court – with appropriate safeguards – to help
keep the community safe (13 November 2018).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2018] HCAB 09 (19
November 2018).
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Digital Transformation Strategy
The newly launched Digital
Transformation Strategy aims to have all government services
available digitally by 2025, along with a
roadmap of key initiatives for the next two years. The strategy
provides a direction for governments' work on data and digital
transformation and underpins the Commonwealth's stated aim of
remaining in the top three digital governments in the world by 2025
(21 November 2018).
Queensland
CCC: Review of the Terrorism
(Preventative Detention) Act 2005 tabled in
Parliament - 19 November 2018
A CCC report on Queensland's Terrorism
(Preventative Detention) Act 2005 (TPDA) was
tabled in State Parliament by the Minister for Police and Minister
for Corrective Services. In line with the requirements of section
83A of the TPDA, the CCC commenced the review in October 2017. As
part of its review, the CCC invited written submissions from
stakeholders and members of the public. The CCC received 10
submissions, which can be viewed here. Read the
CCC's full report
here.
CCC Prevention in Focus: November 2018
Body worn cameras are increasingly being used by a number of public
agencies, primarily the Queensland Police Service. This paper draws
on CCC complaints data and case studies to raise awareness of how
these devices can be useful in resolving complaints.
More...
QLS: Position statement on sexual harassment, workplace
bullying, and discrimination
As Queensland's peak professional body for the legal
profession, Queensland Law Society has an essential role to play in
leading the profession towards healthy, safe, inclusive and
respectful workplaces. The Society has created a position statement
that sets out a strategy to highlight what we consider as the
issues and our response to them (21 November 2018).
More...
QLS: You're invited to provide feedback –
Legal policy reform
Practitioners are invited to provide feedback as QLS
policy committees prepare submissions for reviews of: (1) the Human
Rights Bill 2018, (2) Justice Legislation (Links to Terrorist
Activity) Amendment Bill 2018 (21 November 2018).
More...
Practice notes
The Chief Magistrate of the District Court of Queensland
has issued the following practice directions:
Practice Direction 5 of 2018 – Registry to compile list
of outstanding offences
Practice Direction 6 of 2018 – Application for an
extension of a court assessment order
Legal Aid Queensland Youth Justice Practitioners
Guide
Legal Aid Queensland has launched its
Youth Justice Practitioners Guide. The guide was developed for
both defence and prosecution lawyers who appear before the
Childrens Court. It outlines specific provisions of the Youth
Justice Act 1992 — its principles and its procedures.
Practitioners who are working in this space should also be aware
of, and comply with, Legal Aid Queensland's
guidelines for working with children and young people (November
2018).
Published - articles, paper, reports
Guidance on
caretaker conventions
Department of the Prime Minister and Cabinet (Australia):
20 November 2018
During the caretaker period, the business of government continues
and ordinary matters of administration still need to be
addressed.
Insights from reports tabled July to September
2018
ANAO: 19 November 2018
This edition of audit insights focuses on efficiency in the public
sector. Find out more about what we think efficiency looks like,
why we think efficiency is important in ensuring that public sector
agencies remain sustainable, and some examples from recently tabled
audits of what we can learn from others.
Second
Independent Privacy Impact Assessment (PIA) for the Trusted Digital
Identity Framework (TDIF)
Galexia; Digital Transformation Agency (Australia): 13
November 2018
Galexia is undertaking a Second Privacy Impact Assessment
(PIA) for the Digital Transformation Agency
(DTA) on the proposal to establish the Trusted
Digital Identity Framework (TDIF). The purpose of
this PIA is to assist in identifying and managing privacy issues
that are raised by the establishment of the TDIF.
Governance
innovation for a connected world
Eileen Donahoe et al; Centre for International Governance
Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to
enhance free expression, diversity and democracy at the same time
as we protect human rights and encourage innovation.
Cabinet Handbook
- 12th edition
Department of the Prime Minister and Cabinet (Australia):
12 November 2018
The Cabinet Handbook 12th edition is designed to ensure that the
Cabinet observes conventions and principles and fulfils its central
purpose of informed decision-making.
Examining the
power of Child-At-Risk electronic medical record (eMR) alerts to
share interpersonal violence, abuse and neglect concerns: Do child
protection alerts help?
Rosemaria Flaherty, Jenna Meiksans, Stewart McDougall,
Fiona Arney: 15 November 2018
This project sought to understand the impact of this Child-At-Risk
(CAR) electronic Medical Record
(eMR) alert information sharing system on outcomes
for women and children.
Governance
innovation for a connected world
Eileen Donahoe et al; Centre for International Governance
Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to
enhance free expression, diversity and democracy at the same time
as we protect human rights and encourage innovation.
The "modern approach" to statutory
interpretation and the principle of legality: an issue of
coherence?
Dan Meagher, (2018) 46(3) Federal Law Review 397
The 'modern approach' to interpretation requires that
effect be given to the ordinary meaning of a statutory text in its
wider context and with reference to its purpose. This article
interrogates the interpretive approach used by the High Court in
fundamental rights cases to assess its compatibility with this
'modern approach'.
Cases
AIT18 v Australian Information Commissioner
[2018] FCAFC 192
HUMAN RIGHTS – Privacy – where the applicant
claimed compensation from the Department of Veterans' Affairs
(DVA) for injuries he suffered while serving as a
member of the Royal Australian Air Force and Australian Defence
Force – where the applicant was dissatisfied with the
processing of his claims by DVA and engaged in vitriolic,
threatening and offensive language towards DVA personnel –
whether the Administrative Appeals Tribunal erred in finding that
DVA had not breached s 14 of the Privacy Act 1988 (Cth)
and Information Privacy Principles 11.1(a) or (d) by disclosing the
applicant's personal information to a senior medical officer,
the Head of Joint Health Command in the Department of Defence and
the Chief of Air Force.
STATUTORY INTERPRETATION – construction of the Privacy
Act 1988 (Cth) and Information Privacy Principle 11.1 –
whether the applicant was reasonably likely to have been aware that
information of the kind disclosed by DVA was usually passed to
those to whom the disclosures were made – whether disclosure
was required or authorised by or under law.
Banerjee v Commissioner of Police
[2018] NSWCA 283
CONSTITUTIONAL LAW – inconsistency –
Constitution, s 109 – circumstances in which operation of
State law will be inconsistent with Commonwealth law – where
provisions of Security Industry Act 1997 (NSW) and
Security Industry Regulation 2016 (NSW), cl 13(3) mandated
revocation of company's security licence upon entering
voluntary administration – State laws prevented company
entering voluntary administration from carrying on primary business
– whether operation of State laws inconsistent with
Corporations Act 2001 (Cth), Pt 5.3A – whether State
laws invalid to extent of inconsistency.
COMMERCIAL LAW – security industry – requirement that
Commissioner of Police revoke master licence of corporation under
administration – whether valid State law.
Goodwin Street Developments Pty Ltd v DSD Builders Pty
Ltd [2018] NSWCA
276
ADMINISTRATIVE LAW – judicial review – content
of obligation to act in good faith – whether lack of good
faith established by failure to "grapple with" all
matters decision-maker required to consider – whether lack of
good faith requires wilful blindness or conscious
maladministration. BUILDING AND CONSTRUCTION – adjudication
of payment claim – review of adjudicator's decision
– circumstances in which adjudicator's decision invalid
for lack of good faith – whether decision reviewable for
failure to "grapple with" all matters adjudicator
required to consider – Building and Construction Industry
Security of Payment Act 1999 (NSW), ss 10(1)(b), 22(2)
Saeed Dezfouli v NSW Police Force
[2018] NSWCATAD 264
Administrative Law – Government Information –
access application – redaction of names – personal
information - whether public interest considerations against
disclosure outweigh public interest considerations in favour of
disclosure –whether risk of harm or serious harassment or
serious intimidation if names disclosed.
Shop, Distributive & Allied Employees'
Association v Secretary, NSW Treasury [2018]
NSWSC 1760
APPEALS – by leave on question of law – leave
granted as questions of statutory interpretation arise –
benefits of authoritative decision. STATUTORY INTERPRETATION
– exemption order made under Shops and Industries Act
1962 (NSW) – construction of transitional provisions in
Shop Trading Amendment Act 2009 (NSW).
STATUTORY INTERPRETATION – right conferred on representative
of industrial organisation to apply for review to Civil and
Administrative Tribunal – plain meaning of words exclude
right of industrial organisation itself to apply.
Olefines Pty Ltd v Valuer-General of New South Wales [2018] NSWCA STATUTORY INTERPRETATION – primacy of text –structure of legislation – construction of provision containing zeugma – no wider context or extrinsic factors to be considered – Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 224 CLR 193; [2005] HCA 58 applied. VALUATION – land value.
Liang v University of Technology Sydney
[2018] NSWSC 1740
ADMINISTRATIVE LAW – administrative tribunals
– where plaintiff sought stay of proceedings before Appeal
Panel of NCAT – no grounds for intervention of Supreme Court
– stay refused.
AAI Limited t/as AAMI v Phillips
[2018] NSWSC 1710
ADMINISTRATIVE LAW – judicial review - assessment of
causation of neck injury by Motor Accidents Medical Assessment
Service Review Panel – whether misapplication of principles
of causation disclosed jurisdictional error – whether
proposed surgical treatment is related to injury caused by one or
more of three motor accidents – where Panel found that mild
soft tissue injuries did not materially contribute to chronic
degeneration but nevertheless found that proposed surgery related
to accidents causing those injuries – where Panel did not
make determination in respect of submissions about the persistence
of symptoms of those injuries – Panel yet to determine
related question of whether proposed treatment reasonable or
necessary.
ADMINISTRATIVE LAW – prerogative writs - certiorari –
need for reviewed decision to have apparent legal effect or to
affect rights – declaratory relief available in circumstances
where Panel decision did not have immediate legal effect.
Purrer v Information Commissioner
[2018] QSC 272
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – ERROR OF LAW – where applicant made a
privacy complaint – where the complaint related to OneSchool
records – where complaint concerned the applicant's
personal information, as well as the personal information of others
– whether there was an error of law in the respondent's
refusal to accept the applicant's complaint.
Group Five Pty Ltd v Body Corporate for Cairns Golden
Sands [2018] QCAT
372
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – GENERAL MATTERS – GENERALLY
– where enabling Act does not empower QCAT to award costs
– whether interests of justice require order for costs
– consideration of factors under s 102(3) of Queensland
Civil and Administrative Tribunal Act 2009 (Qld) –
whether party acted in a way that unnecessarily disadvantaged
another party – consideration of nature and complexity of the
dispute – consideration of the relative strengths of the
claims made by the parties – consideration of the financial
circumstances of the parties – consideration of 'anything
else the tribunal considers relevant' – where no order
for costs.
Legislation
Commonwealth
Regulation
Telecommunications
(Interceptions and Access) (Requirements for Authorisations,
Notifications and Revocations) Determination
2018
22/11/2018 - LIN18/199 - This instrument sets out the
requirements relating to an authorisation made under Division 3, 4
or 4A of Part 4-1 of Chapter 4 of the Telecommunications
(Interception and Access) Act 1979, and relating to the
notification of an authorisation, the revocation of an
authorisation and the notification of a revocation. Authorisation
for access to existing information or documents
My
Health Records (National Application) Amendment (Extension of
Opt-out Period No. 2) Rules 2018
14/11/2018 - This instrument amends the My Health Records
(National Application) Rules 2017 to extend the opt-out period to
provide that people will have until 31 January 2019 to opt-out of
having a My Health Record.
Queensland
Subordinate legislation – 23 November 2018
No 192
State Penalties Enforcement (Police Powers and Responsibilities)
Amendment Regulation 2018
No 193
Uniform Civil Procedure (Corporations Proceedings) Amendment Rule
2018
Bills Updated
Civil Liability and Other Legislation Amendment Bill
2018
Introduced by: Hon Y D'Ath MP on 15/11/2018
Stage reached: Referred to Committee on 15/11/2018
The main objective of the Bill is to amend the Civil Liability
Act 2003 (CL Act) in response to
recommendations 91-94 of the Redress and Civil Litigation Report
(the Report)
Queensland Civil and Administrative Tribunal and Other
Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on
15/11/2018 Stage reached: Referred to Committee on 15/11/2018
A Bill for an Act to amend the Queensland Civil and
Administrative Tribunal Act 2009 to implement conclusions from
the Report on the Review of the Queensland Civil and
Administrative Tribunal Act 2009 (QCAT Act
report) aimed at improving the operational efficiency of
the Queensland Civil and Administrative Tribunal
(QCAT) to better achieve the objects of the QCAT
Act.
Justice Legislation (Links to Terrorist Activity) Amendment
Bill 2018
Introduced by: Hon Y D'Ath MP on
13/11/2018 Stage reached: Referred to Committee on 13/11/2018
The policy objective of the Bill, as referred to in the explanatory
notes, is to implement the Council of Australian Government's
commitment by removing the presumption of bail for those persons
who have demonstrated support for, or have links to, terrorist
activity.
Working with Children (Risk Management and Screening) and
Other Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on
13/11/2018 Stage reached: Referred to Committee on 13/11/2018
To implement recommendations from the Queensland Family and Child
Commission reports Keeping Queensland's children more than
safe: Review of the blue card system and Recommendation 28
Supplementary Review: A report on information sharing to enhance
the safety of children in regulated home-based services.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.